Brunei anti-gay laws counter stated aim to end AIDS epidemic

On behalf of the International AIDS Society (IAS), we, the
officers and Regional Representatives of Asia and the
Pacific Islands of the IAS Governing Council, express our
grave concern regarding the anti-gay laws in Brunei
Darussalam.

From 3 April 2019, Brunei Darussalam will
impose death by stoning as punishment for gay sex and
adultery, as provided for in sections of the country’s Syariah Penal Code Order 2013. This
comes against a backdrop of discrimination against gay and
other men who have sex with men in the country. It has
caused widespread concern among lawmakers, human rights
organizations and politicians around the world.

This
development is in clear contravention of the Universal
Declaration on Human Rights. It is also contrary to
Brunei’s stated commitment to end the AIDS epidemic by
2030. In 2016, the Sultan of Brunei signed the ASEAN Declaration of Commitment on HIV and
AIDS, committing the country to “focus and target HIV
and AIDS programmes for key affected populations”, and
pledging to ensure achievement of the UNAIDS 90-90-90
targets. It builds on previous Association of Southeast
Asian Nations (ASEAN) commitments that have called for
political will and leadership and meaningful partnerships
with stakeholders and key affected populations.

These
targets and commitments will never be met if the government
persecutes gay and other men who have sex with men.

Brunei
Darussalam also committed to “expanding efforts, in
accordance with national legislation and priorities, to
provide a supportive environment to reduce stigma and
discrimination towards key affected populations”. However,
its anti-gay measures reinforce stigma and discrimination
against gay and other men who have sex with men and hamper
progress to ensure safe access to health services.

Homophobia continues to be a major
barrier to ending the global AIDS epidemic. Fear and
persecution foster a hostile environment that undermines
efforts of HIV programmes.

The number of HIV cases
diagnosed in Brunei Darussalam since the first confirmed
case of HIV in 1986 is relatively low, at 265. Yet new
infections have been steadily increasing since 2014, with 20
new cases reported annually. New infections since 2014
constitute 62% of total HIV cases. Discrimination and
homophobia drive many people away from the services that
they need by creating barriers to testing and access to
treatment, care and support.

Brunei’s Ministry of Health
is a signatory to the United Nations political declaration to end the AIDS
epidemic by 2030. The Minister of Health on World AIDS Day
2018 called for targeted prevention interventions and
engagement with key affected populations; he also declared
that HIV-related stigma “leads to social isolation, lowers
self-esteem, and damages mental health. No one should have
to face it and we all have our part to play in stamping it
out.”

The legal environment is not aligned to enabling
the realization of this commitment; instead, it utterly
undermines these objectives.

We strongly urge the
Government of Brunei Darussalam to halt the introduction of
these cruel and inhuman measures and to revise the Syariah
Penal Code Order 2013 to ensure that it aligns with its
human rights and other international obligations and abides
by the commitments made to ASEAN and the UN.

We plead with
our colleagues in Brunei Darussalam to respect their
commitments to ending the AIDS epidemic and to fast tracking
and sustaining the ASEAN response to HIV and AIDS. We plead
with them to review legislation, programmes and practices so
that they are truly in accordance with the principles of
universal health coverage and that they align to enable –
rather than persecute – gay and other men who have sex
with men to have full access to services.

Signed IAS
Governing Council Asia and the Pacific Islands Regional
Representatives

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